The National Assembly of the Republic of Serbia has recently adopted the Waste Management Law (Official Gazette of the RS No. 109/2025) (“Law”). Upon the entry into force of the new Law, the previous Waste Management Law (Official Gazette of the RS Nos. 36/2009, 88/2010, 14/2016, 95/2018 – other law, and 35/2023) ceased to apply, thereby establishing a new regulatory framework governing this area.

Set out below is an overview of the key amendments and novelties relevant to manufacturers, importers, distributors and other participants in the waste management system.

Waste Management Hierarchy and Material Recovery

The new Law retains the concept of the waste management hierarchy, while further elaborating specific concepts and stages of waste handling.

Of particular importance is the introduction of the concept of “material recovery”, which includes preparation for re-use, recycling and backfilling, while expressly excluding incineration and other forms of energy recovery. This distinction more clearly separates material recovery from energy recovery, which is relevant for manufacturers and importers of products and packaging.

Amended and New Definitions – Impact on the Scope of Obligations

The Law introduces a number of amended and new definitions, aimed at more precisely delineating concepts and stakeholders within the waste management system. Of particular practical relevance are:

• the redefinition of municipal waste, bio-waste and industrial waste, aligned with EU terminology;
• the introduction of the concept of food waste, with an emphasis on prevention measures;
• clarification of the concept of the primary waste producer, which has a direct impact on planning and reporting obligations;
• clearer differentiation between the roles of traders, brokers, collectors and waste transporters.

These changes may have a direct impact on the classification of certain business activities and the scope of regulatory obligations for companies.

Waste Management Plan for Waste Producers

The new Law introduces an obligation to prepare a waste management plan for primary waste producers generating more than 100 tons of non-hazardous waste or 200 kilograms of hazardous waste annually. This plan is clearly distinguished from the waste management plan required for installations subject to an integrated permit (IPPC).

The plan focuses on:

• waste prevention measures;
• the types and quantities of waste generated through the activity;
• methods of waste handling.

Unlike IPPC installations, the Law does not require periodic updates of the waste management plan for primary waste producers, even in the event of significant changes to the technological process.

Responsibilities Within the Waste Management Chain

The Law regulates in greater detail the responsibilities of participants in the waste management chain, with particular emphasis on waste collectors and transporters.

It is expressly prescribed that:

• a waste transporter is not considered the holder of waste, but is responsible for safe transport;
• the waste holder bears the costs of waste management, unless otherwise provided by the Law;
• the previous holder of hazardous waste remains responsible until evidence is obtained that the waste has been taken over and treated in accordance with regulations.

This framework requires increased attention to contractual arrangements and the documentation of waste movements.

The Law also specifically defines the obligations of waste collectors, who are required to:

• obtain a waste collection permit from the competent authority;
• keep records of the waste collected;
• handle waste in accordance with its characteristics, quantity, transport, storage and treatment requirements;
• enable inspection supervision by the competent inspector over the implementation of measures and conditions prescribed in the waste collection permit.

In addition, landfill operators are subject to an expanded set of obligations, further emphasizing their responsibility in waste management.

Electronic Tracking and Reporting of Waste Movements

The Law introduces an obligation to electronically submit documents on waste movements to the Environmental Protection Agency, through the information system of the National Register of Pollution Sources.

The deadlines for submission are seven days from the completion of non-hazardous waste movement, and fifteen days from the completion of hazardous waste movement.

This obligation requires adjustments to internal procedures and record-keeping practices of businesses.

Specific Waste Streams – Continuity with Certain Amendments

Most solutions relating to specific waste streams (WEEE, batteries and accumulators, vehicles, tyres, packaging) remain unchanged, ensuring continuity of existing systems.

However, the Law introduces certain amendments, including:

• a ban on the incineration and co-incineration of waste oils, except in installations holding an integrated permit;
• additional reporting obligations for waste containing mercury;
• new rules governing waste management plans for construction and demolition waste.

The management of packaging and packaging waste continues to be regulated by separate legislation.

Stricter Conditions for Permits and Qualified Personnel

The Law prescribes stricter conditions for the issuance of waste management permits. Among other things, it is stipulated that:

• responsible persons and related parties must not have been finally convicted of criminal offences, nor of economic offences or misdemeanors in the field of environmental protection;
• the same requirements apply to qualified persons responsible for professional activities in waste management.

These provisions are relevant in the context of establishing new operators, changes in ownership structure and the appointment of responsible persons.

Import of Non-Hazardous Waste for Energy Recovery

One of the more significant novelties is the possibility to import non-hazardous waste for the purpose of energy recovery, subject to conditions to be further regulated by specific acts of the Government.

The application of this option will depend on future secondary legislation and the practice of the competent authorities.

Prevention Measures

A strong emphasis is placed on waste prevention, particularly food waste prevention, through the introduction of specific preventive measures. In this way, the legislation encourages the use of resource-efficient products, food donation and other forms of redistribution for human consumption, as well as product re-use.

Strengthening Inspection Supervision and Liability

The Law further strengthens the role of inspection authorities and introduces stricter supervision over the implementation of regulations. Particular emphasis is placed on liability for improper waste handling, as well as on the obligation to maintain accurate and complete records.

Deposit Return System – Still Outside the Legislative Framework

Although the introduction of a deposit return system for packaging (Deposit Return System – DRS) has been extensively discussed in recent years, including consultations with industry and announcements by the competent authorities, the new Waste Management Law does not regulate the deposit return system.

The Law does not introduce an obligation to apply a deposit fee, does not establish an institutional framework for the operation of a deposit return system, nor does it define the roles of producers, traders and operators within such a system. Packaging and packaging waste management remains regulated under the existing legal framework, with any potential introduction of a deposit return system expected to require a separate law or amendments to the current packaging legislation.

For businesses, this means that, despite long-standing announcements, the deposit return system has not yet been normatively established in Serbia, but remains an area to be closely monitored in the coming period.

Transitional Periods and Business Alignment

The Law entered into force on 12 December 2025, with the exception of provisions regulating the electronic submission of waste movement documents to the Environmental Protection Agency and related obligations, which will apply as of 1 January 2027.

Legal entities and individuals are required to align their operations with the provisions of the Law within one year from its entry into force, i.e. by 12 December 2026, unless otherwise specified for certain obligations (such as the electronic submission of waste movement documents). New secondary legislation will also be adopted within this period.

This article is to be considered as exclusively informative, with no intention to provide legal advice. If you should need additional information, please contact us directly.